Leighton v. Morrill
Massachusetts Supreme Judicial Court
Bill IN equity, filed in the Superior Court on April 29, 1889, by the assignees of John M. Humphrey, an insolvent debtor, against Charles F. Morrill, Alvin T. Morrill, Oakes A. Drinkwater, and Irving Smith, composing the firm of Morrill Brothers and Company, to set aside a mortgage given to them by Humphrey, as a fraud on the insolvent law, and against Edward C. Neal, who held a lien on the property of the insolvent debtor.
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Bill IN equity, filed in the Superior Court on April 29, 1889, by the assignees of John M. Humphrey, an insolvent debtor, against Charles F. Morrill, Alvin T. Morrill, Oakes A. Drinkwater, and Irving Smith, composing the firm of Morrill Brothers and Company, to set aside a mortgage given to them by Humphrey, as a fraud on the insolvent law, and against Edward C. Neal, who held a lien on the property of the insolvent debtor. A master, to whom the case was referred, found the following facts. The plaintiffs are assignees in insolvency of John M. Humphrey, of Lynn, who was adjudged an insolvent…
1Opinion of the CourtHolmes, J.
This is a bill brought by the assignees in insolvency of one Humphrey, to set aside a mortgage for $6,000 to the defendants, as a fraud on the insolvent law. The master found that the mortgage was made with a view to give the defendants a preference, mainly in respect of $1,500, parcel of the $6,000 secured, and also with a view to prevent the property from coming to the assignees, and that it was void. The single justice found for the defendants. The case comes before us on the evidence, and is wholly a question of fact. For that reason we shall not discuss it at length, but shall state the…
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